(1.) These two writ petitions have challenged the steps initiated by the respondents for the purposes of election of delegates, of the Northern Zone Railway Employees Thrift and Credit Society Limited [The cooperative society]. The aforesaid cooperative society is admittedly governed by the Multi State Cooperative Societies, Act 2002 [The Act] read with the Rules and the Byelaws framed thereunder. The communication of 3/2/2020 set out the calendar for the election process which was to be undertaken.In terms of that notice, the election process was to commence on 3/2/2020 and the final list of candidates to be displayed on 9/3/2020.The notice further specified the number of delegates to be elected as being 120 and also set out their distribution amongst the various branches of the cooperative society.
(2.) It appears that the lead writ petition came up for consideration before a learned Judge of the Court on 23/3/2020.Issuing notice on the petition, the learned Judge observed that without going into the merits of the matter, bearing in mind the outbreak of the COVID-19 pandemic and the subsequent lockdown, it would not be practicable to hold elections. The Court accordingly proceeded to stay all further processes of elections as envisaged and detailed in the impugned communication of 3/2/2020.It is that interim order which has continued to hold the field till these two writ petitions were taken up for final disposal.
(3.) The respondents in the writ petitions have raised preliminary objections both on the ground of the writ petition being not maintainable against the cooperative society as also on the ground that once the election process had been set in motion, there was no justification for a writ petition having been entertained and, in any case, of an interim order being passed interdicting the election process itself.